Malaysia

AGC opposes Emilia’s bid to challenge committal proceedings 

KL shariah court also rejects businessman’s ex-wife’s application for suspension

Updated 4 years ago · Published on 11 Aug 2022 7:37AM

AGC opposes Emilia’s bid to challenge committal proceedings 
The committal proceedings against Emilia Hanafi (pic) are related to the violation of the court order regarding Datuk SM Faisal SM Nasimuddin Kamal’s visitation rights, including the right to spend the night and the location for her ex-husband to pick up their three children. – Bernama.com pic, August 11, 2022

KUALA LUMPUR – The Attorney-General’s Chambers (AGC) yesterday objected to the leave for judicial review being sought by the former wife of a businessman regarding the jurisdiction of the Kuala Lumpur shariah court to initiate committal proceedings against her.

The committal proceedings against Emilia Hanafi, 43, are related to the violation of the court order regarding Datuk SM Faisal SM Nasimuddin Kamal’s visitation rights, including the right to spend the night and the location for her ex-husband to pick up their three children.

Federal counsel Mohammad Sallehuddin Md Ali, representing the AGC, said the objection was made on the grounds that the committal proceedings were under the jurisdiction of the shariah court and were not subject to judicial review, based on Article 121(1A) of the federal constitution.

Emilia’s counsel Nizam Bashir Abdul Kariem Bashir argued that Article 126 of the federal constitution indicated that the power to initiate committal proceedings lies within the jurisdiction of the Federal Court, Court of Appeal and the high court. 

Nizam said the Kuala Lumpur shariah court cannot hear the committal proceedings against his client because she is no longer a resident of the Federal Territory and now lives in Kajang, Selangor.

Meanwhile, counsel Datuk Akberdin Abdul Kader, representing SM Faisal and his mother, Puan Sri Zaleha Ismail who was also named as a respondent said when the committal proceedings started, SM Faisal and Emilia still lived in Kuala Lumpur and the woman moved to Selangor only after the case started.

Judge Datuk Ahmad Kamal Md Shahid fixed August 30 for the decision on the application.

He also rejected Emilia’s application to suspend the ongoing committal proceedings in the shariah high court. 

Other respondents are the Registrar of the Kuala Lumpur Shariah High Court, the Chief Registrar of the Federal Territories Shariah Court of Appeal, the Kuala Lumpur Shariah High Court, the Kuala Lumpur Shariah Court of Appeal and the Government of Malaysia.

Based on the judicial review application, Emilia said she did not live or reside in the Federal Territory during the hadhanah (custody) proceedings filed at the Kuala Lumpur Shariah High Court on July 23, 2018. She was staying in Kajang, Selangor. 

She said Section 4 of the Islamic Family Law (Federal Territories) 1984 applies to all Muslims living in the Federal Territories and those who are residents in the Federal Territories but live outside the Federal Territories.

Emilia sought a declaration that the Kuala Lumpur Shariah High Court and Shariah Court of Appeal do not have jurisdiction to hear and punish any individual who contravenes the court, as it is the exclusive right of the civil courts at the Federal Court, Court of Appeal and of high court level, according to Article 126 of the federal constitution. – Bernama, August 11, 2022

Related News

Malaysia / 2y

Court rejects woman’s appeal in bid to renounce Islam

Malaysia / 3y

Aug 28 set for ruling in woman’s bid for judicial review on apostasy

Malaysia / 3y

Perlis shariah court to conduct in-camera proceeding for divorce cases

Malaysia / 3y

Emilia pulls case, court discharges, acquits SM Faisal

Malaysia / 3y

Emilia, SM Faisal to discuss out of court settlement for assault case

Malaysia / 3y

CoA allows appeals to reinstate woman’s conversion to Islam

Spotlight

Malaysia

Najib raises objections to 80% of ex-1MDB CEO’s witness statement over hearsay

Malaysia

Tun Dr Mahathir, Siti Hasmah create ASEAN record

By Alfian Z.M. Tahir

Malaysia

Nanta Linggi to leave Parliament after five terms, may contest new Sarawak state seat

World

Typhoon Dolphin’s remnants swamp Beijing as China braces for more extreme rainfall

Malaysia

Anwar expected to leave hospital today after successful treatment

Malaysia

Husband and wife face death penalty for drug trafficking

Malaysia

Former Subang MP, Wong Chen joins Bersama

Malaysia

Malaysian dies while transiting in Bangkok to Japan (video)

You may be interested

Malaysia

Eight men remanded seven days over Banting plantation death

Malaysia

Kelana Jaya LRT train breaks down, passengers stranded on tracks (video)

By Alfian Z.M. Tahir

Malaysia

School stabbing: Male student charged with murder ordered to defend himself

Malaysia

Muhyiddin urges end to political appointments in Tabung Haji leadership

Malaysia

International drug syndicate recruited Portuguese passport holders as ‘cannabis mules’

Malaysia

SARA aid may be expanded to put healthier food within reach of all Malaysians

Malaysia

Lorry driver fined RM9,000 after eight-vehicle crash on North-South Expressway

Malaysia

Haze: Putrajaya, Cheras record unhealthy API this morning